davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25
FUNDAMENTAL, LAW.

A report of the proceedings in the Senate
of Wednesday, when Senator Denote pre-
sented the certificate of the Clerk of the Su-
preme Court to the presiding officer, says:
President Smith took the paper and looked
at it. Of course, it's contents surprised him,
but he was cool and calm. "Why," said he,
''even if the case is reversed, the injunction
cannot be dissolved for sixty days, and guess
l will hold on for while yet"
If Green Smith said that, he adds to his
other qualifications that of being fool No
lawyer who. ever practiced outside of JUS
tees court would venture such statement.
TIE order of the Circuit Court was void ab
initio; it requires no dissolution so far as
Col. Robertson is concerned. 1t never had
any real force, and when the decision of the
Supreme Court touched it it withered into its
original nothingness, as if touched by
the spear of Ithuriel. It is hardly
worth while to argue a proposition of
this sort with anyone who has even so much
as read Bishops first book of the law; but a
few sentences from the Supreme Court may
serve to enlighten people like Green Smith.
In the opinion in the Smith versus Meyers
case, delivered Jan. 4, the court says:
at is an underlying principle, acted upon
again and again, that where it is ascertained
that there is no jurisdiction courts willE.o no
further. 1t would not only be vain and
fruitless thing to aspire to decide a question
where there is no jurisdiction, but it would
be miscellaneous thing hecause IL vorr,sl olive
an appearance Of authority to that which is
| utterly destitute of force. Such decision
| would have the merest shadow of authority,
binding nobody. 1t is laid up among the
earliest principles of the law that decision
where there is no jurisdiction is absolutely
and incurably void"
In the opinion in the Smith versus Robert
son case, delivered on Wednesday, the court
says:
1.-Two things are absolutely essential to the
power of court to decide legal controversy
jurisdiction of the subject matter and iuris-
dction of the person. A judicial judg-
ment is the product of power, the power of
the law. The conclusion must be that,
where there is no jurisdiction, there is no
| power. No consideration can be imagined
nor reason conceived which will justify court
! in assuming to pronounce Judgment where
| it has neither the right nor the power to hear
| or decide. It is only where courts can speak
by the law that they rightfully speak at
ALL 1t is the Judgment of this court
that the Circuit Court had no jurisdiction to
grant the order of injunction
If it shall become necessary, the Journal
| will publish further information for Democratic
| jack-legged lawyers.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25
legal legislation until the Acknowledgements

legal legislation until the Lieutenant governor
is permitted to discharge his constitu-
tional duties. The position of the House is
one into which the Republicans were
driven oy the necessities of the case. They
have stood everything done everything, in
the interests of law and order. When the
Acknowledgements is forcibly prevented
from assuming the duties of the office to
which he was elected by the people, and sub
jected to the indignity of personal violence at
the hands Of brutal bully; when the Repub-
lican Senators are treated with the shameful,
infamous, scoundrelly blackguardsm with
which they were yesterday by Green Smith
and his hired cut-throats, the Republicans Of
the House could do no less than they have
done with just regard for popular rights
their own privileges, the dignity of the Gen
eral Assembly and their official oaths. The
Republican in the House who would recog-
nize the Senate so long as it occupies its
present illegal, unconstitutional and rev.
dictionary attitude would be false to
his conscience and to his oath,
and would be justly scorned everywhere and
by everybody as cowardly poltroon. There
is no such Republican in the House of Repre-
sentatives. The revolutionists may as we'll
make up their minds to that now. There is
one way out of the trouble It is the honora-
BILE, manly, lawful way. It is to admit the
Lieutenant governor to the discharge of his
constitutional duties; and if any one wants Ia
contest his election, let him contest it accord
| ing to the Constitution and the laws.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

THE REVOLUTION MUST STOP.

The Democrats of the Senate threaten with
one side of the mouth to unseat Senators Ken
nedy and Thompson this morning, SO as to
give them quorum and a two-thirds vote to
expel the balance Of the Republican Senators,
and with the other are asking for "compro-
mise" 1t is proposed that the Senate will
recognize Robertson if the election of Turpie
be not contested, and, also, it is proposed that
both Robertson and Smith shall absent them-
selves, and the Senate then elect new pre-
siding officer.
Neither the threat nor the compromise
propositions will work. The powder in the
threat has been shot once, and there is no
compromise in the Republicans, now that
not even the forms of law interfere with the
full assertion by and for Colonel Robertson of
his constitutional duties and prerogatives.
We cordially invite the Democratic Senators
to go ahead with their threat We hope they
will unseat the two Senators proposed, or any
other two, and then expel the balance They
could not please the Republicans better. We
dare and invite them to do it.
The Supreme Court decisio on and opinions
offered the Democratic conspirators bull
dozers and Office thieves an opportunity to
retire from their revolutionary attitude with
some show of grace. If they do not wish to
improve the chance, that is their business.
But there will be, and can be, no further
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25
THE CASE STATED.

At the last general election in Indiana Col
R. S. Robertson, Republican candidate for
Lieutenant-governor, received 23l, 922 votes,
and his Democratic opponent, John C. Mel
son, received 22s, 500 votes. Colonel Robert.
sons majority was 1924.
Sections 4 and of Article 5 Of the Consti-
tuition are as follows:
''Section 4. In voting for Governor and
Lieutenant governor, the electors shall desio.
nate for whom they vote as Governor and for
whom as Lieutenant governor. The returns
OF every election for Governor and Lieuten-
ant-governor shall be sealed up and transmit
ted to the seat of government, directed to the
Speaker OF the House of Representatives. who
shall open and publish them in presence of
both houses of the General Assembly
Sec D. The persons respectively hay
ing the highest number of votes for Governor
and Lieutenant-governor, shall be elected;
but IN case two or more persons shall have an
equal and highest number of votes for either
Office, the General Assembly shall, by Joint
vote, forthwith proceed to elect one of said
persons Governor or Acknowledgements as
the case may be-"
On the 10th of January the Speaker of the
House OF Representatives opened the votes in
the presence of members of both houses of the
General Assembly, and, the result appearing
as above stated, he declared Colonel Robert
son duly elected, and Judge Walker admin
istered the oath of office. This is all the
formality that attends the installation of the
Lieutenant-governor. He receives no COM
mission. He is elected and installed when
the Speaker opens the votes and declares the
result, as required by the Constitution.
Colonel Robertson was, therefore, installed
as Lieutenant-governor on the 10th of
January. The Constitution provides that
"the Acknowledgements shall, by virtue of
his Office, be President of the Senate" By
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25
removed

The labor candidate for Mayor in the re-
cent Philadelphia election received ridcu-
lousy small vote. He ran on Henry Georges
platform of no individual ownership of land,
and Mr.. George himself came to Philadelphia
and made speeches for him. His small vote
is accounted for by the fact that Philadelphia
workingmen, to an unusually large extent,
own their own houses and take very little
stock in reform movement which would wipe
out their titles. This will be the fate of the
George movement wherever it comes in con-
tact with landowners.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25
WHY THE REVOLUTION IS MAINTAINED

The House passed fool resolution vester-
day, declaring that it would have no further
connection with the Senate. This seems to
settle the question of joint convention We
congratulate the officers Of the State institu-
tons who will hold over.-The Sentinel.
Congratulate the officers Of the State insti-
tutions on holding over, do you2 This is a
complete 'tgive away" and reveals the true
inwardness of the Democratic conspiracy.
The resolution passed by the House recited
the decision of the Supreme Court and the
usurpation by Green Smith, and declared that
until Lieutenant-governor Robertson was
duly recognized by the Senate and permitted
to take his seat as presiding officer, the House
must regard the Senate as not legally organ
lied, and would hold no official communities
ton with it. This is right, and the majority
in the House will stick to it, though the heav-
| ems fall The organ Of the evoutionists calls
| tia "fcol resolution" and, assuming that it
settles the question of joint convention, con-
graduates 'the officers of the State institu-
tions who will hold over" This, then. is the
| uppermost thought in the Democratic mind
and the present objective point of the con
spirators-to prevent a reorganization of the
State institutions. Their first object was to
steal the United States senatorship. Having
done all they can in that direction, their second
is to prevent a reorganization of the State
| institutions, and now, when the House re-
fuses to recognize the illegal and unconstitu.
tional organization Of the Senate, the Senti-
mel "congratulates the officers of the State
institutions" who are thus likely to remain
| undisturbed. The people will take notice
who they are who are thus congratulated:
DR.. Harrison, president of the joint boards
for the Insane Hospital and benevolent insti-
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

ACCORDING to the testimony of Mr. Far
rell, the plumber, President Harrison did not
want good work done at the Insane ASYLUM
-"didn't want sanitary work" This is an
other interesting disclosure for the friends of
inmates whose physical and mental we'll being
depends upon the sanitary condition Of the
building in which they are confined. Poor
plumbing means sewer-gas, fevers and all
classes of zymotic disease
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

right Acknowledgements Robertson became
January, but neither then nor since has be
been permitted to occupy the chair. 1t takes
no lawyer to see that Colonel Robertson had
at least prima facie right to occupy the
chair. He was prima facie Lieutenant-gov-
ernor. Elected by the people and installed
under the Constitution, his claim to the Office
was certainly good until overthrown. The
proofs Of his title are conclusive until rebuff
ted. How can his claim be overthrow or his
proofs of title to the office be rebutted9 In
other words, how can his prima facie right to
perform the duties of Lieutenant governor be
set asidef The only possible way is by a legal
contest. Any other mode of attack is irregu-
lar, and, If persisted in, is revolutionary The
Democrats, headed by Green Smith, have kept
Colonel Robertson from presiding over the
Senate since Jan. 10. Their whole course has
been revolutionary. We repeat, the only pos
sible way to attack Colonel Robertson's title
to the Office of Lieutenant governor is by
contest. Section 6, of Article 5, of the Con-
stitution says: Contested elections for Gov
ernor or Lieutenant-governor shall be deter
mined by the General Assembly in such man
ner as may be prescribed by law"
| The law prescribes how such a contest
shall be conducted. The way was open from
| the beginning for Mr.. Green Smith or any
other Democrat to contest Colonel Robertson s
election and title in the manner prescribed by
| the Constitution and law. They have not
done so. They have not taken single step
to contest the election in the only way it can
be contested. Instead Of that they seized and
have held the chair Of President of the
Senate. Instead of contesting Colonel
Robertson's election, they stole his Office.
Instead Of respecting his prima facie right and
claim, they asserted one of their own, on
grounds unknown to the law. If they wanted
to contest Colonel Robertson's election the
Constitution provided the way. They have
taken very different way-the way Of revo-
| luton.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

tempt to expel Senator Hustonf If they
should, and succeeded, Mr.. Huston would,
doubtless, wear the expulsion as proud dec
grafton. Any honorable, decent man would
be glad to be unseated or expelled by mob
Of revolutionists and Office thieves. But the
revolutionists and office thieves do not en-
brace the entire Democratic majority. Not
all the Democrats are sold to Green Smith
and Bazoo Brown.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

THE Sentinel says that Senator Huston
will repeat his performance of Wednesday
Fat his peril" Peril from whom? Not from
the bully in the chairs He keeps discreetly
far from danger. A year-old boy need not
be afraid of him. Not from the tomtit,
surely. He tried his best to escape from the
chamber yesterday, when there was an APP
pearance Of battle. Not from the
Democratic majority. Would they at
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

THE New Orleans Picayune rises to remark
that as candidate for the next presidency,
Grover Cleveland is as sure of the votes Of the
South as though they were actually cast and
counted. With the Washington county
Texas methods as popular as they are in the
South. this goes without saying To tell the
truth, it isn't really worth while to have the
votes cast and counted at ALL They might
come out the wrong way.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

MISS CATHERINE AUGUSTA PATTEN, the
Washington heiress, who has just been married
to Congressman Glover, of Missouri was re-
Gently described by a correspondent as young
woman remarkable for her simplicity of dress
After hearing of the forty dresses in her trous-
seau, and the three-yard train to her wedding
gown, the wondering reader will come to the
conclusion that the simplicity in question must
be of the true Jeffersonian brand.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

WILL1AI HENDERSON, John B. Elan and
Nicholas r. Ruckle compose Metropolitan
Police Board in which every law-abiding citi-
fdence. The selections are admirable In
every respect The Republican State officers
have discharged an important duty we'll. The
mere announcement Of the new board will act
like tonic
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

COLONEL ROBERTSON. being gentleman,
conducted himself as such in demanding his
legal rights. His opponents, not being gen.
tlemen, and with no shadow of right on their
side, knew no better way of meeting his
claims than with the.methods of the bully and
tho rounlar
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

The question of the kind Of soldiers
monument to be built must now be RENTED
to the commissioners who may be appointed
to determine that matter, under the new bill.
When their names are announced, people with
ideas and plans will know who to write to-
Further newspaper discussion can be of no
value. Letters upon that subject viii not
hereafter be published.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25
THE Democrats are already souealing for a

THE Democrats are already squealing for a
compromise. The revolutionists are in a
hole and the Republican House of Repre-
sentatives is sitting on it. There is Just one
way out, and that is the legal, honorable.
manly way. When the Democrats recognize
the rights of the people and the authority of
law as interpreted by the Supreme Court, the
trouble will be over, and the Legislature will
go forward with its important work.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

COLONEL ROBERTSON has done everything
that an honorable man and faithful officer
could be expected to do. He has made his
formal demand for his Office, and been ex-
cluded from it by force and mob violence.
Further demonstration could do no good.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25
like a tonic.

The Democratic correspondent of the
Louisville Courier. j ournal tells some frozen
facts that the Democratic revolutionists would
do we'll to think over. 1t is quite evident
that not all the Democrats and not all the
Democratic Senators are irrevocably COM
mitted to the schemes of the prison-contract-
Green Smith Bazoo Brown revolutionists.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25
The House Of Representatives has the
key to the situation. Let the Democratic
revolutionists stew in their own juice.

JUDGE KIRK, of Texas, couldn't remember
that he wrote any dispatches last fall that
would, by their wording connect him with
the election outrages, but showed decided
disinclination to have the telegraph company
deliver up the original kilograms. Judge
Kirk, perhaps, regrets at this critical moment
that he ever rose above his party level far
enough to learn to write.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

THERE is some reason to believe that the
editorial in yesterdays Sentinel on the Robert
under the impression that the decision of the
Supreme Court would be favorable to the De-
mocracy, and that it got into the paper by
Ynistaka
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

ABRAM S. HEWITT, in his letter to the
Brooklyn Democratic Club, talks like states
man. His words are worthy the serious atten-
zion of men honestly and earnestly studying
public questions with some other and higher
Idea than the mere getting of few votes at
an imminent election.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

III seems to us that person could favor
the vetoed pension bill without subjecting
himself TO the scurrilous abuse poured out by
Did General Bragg, who loved Cleveland for
the enemies he had made The late General
Logan favored the bill, and he was quite as
good soldier as the atrabilious old scold from
Wisconsin
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

ToMTIT BAILEY says he will exclude re-
porters from the meetings of the Senate in
vestigating committee if they dare say again
chat that committee is doing whitewashine
Job. 1t is doing a whitewashing job, and a
mighty poor one at that; but, for the sake of
harmony, the Journal is willing to refer to
Messrs. Bailey & Co. as calcimining party.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

WHEN a bill passed yesterday in The House
Speaker Sayre announced that when the
Lieutenant governor was presiding in the
Senate the fact would be communicated to
that body. The announcement was received
with applause. Mr.. Sayre meant what he
. ca;d
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

ANOTHER earthquake at Nice, and right on
the heels of official assurance from the Mayor
that there would be no more shocks. How in
the world could this disregard of authority
have happenedl
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

If we must have war most people would pre-.
fer that it should be waged in Europe; neSerthe-
less, il the dairy maids and the Indianapolis
Light Infantry will fight, it is the general sense
of the community that they should have free
field and fair play.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

THE police knew better than to come to the
5tate-house yesterday. Two or three who
were there in citizens clothes, but with their
badges, were made acquainted with the out
side very sumnarily.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

DURING the melee in the Senate chamber
yesterday the tomtit ran to one Of the door,
keepers, and piteously begged to be let out
Even senatorial page was ashamed Of him,
and told the story of his fear.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

THE Sentinel editors seem to have read the
Supreme Court opinion while standing on
their heads. As soon as they get the straight
of it, the celebrated ''damn theirsouls" edi-
torial will be made to do duty the second
4;,ya
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

SENATOR INGALLS, has been nominated by
The Republican caucus to succeed John oher-
man as President OF the Senate.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

SOLDIERS of Indiana will read what Gen.
Bragg has to say of those who favor the PEN
sion bill vetoed by the President.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

IT is thought that while the trouble between
the dairy maids and the Light Infantry may re-
suit in engagements, no lives will be lost.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

THE Democratic party is the friend of the
soldier-that is, of the ex-confederate soldier
The way it sustains the Presidents pension
veto proves this.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

THE House of Representatives refused to
pass the dependent pension bill over the
Presidents veto by vote of IT'S to 125.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

A POLITICAL earthquake is feeling around
for the Democratic party of Indiana and will
swallow it up about next election time. The
first shock was felt last November.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

How do the people of Indiana like the Dem
ocratic record up to date7
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

WHY do the Democrats squirm so much
absuA Turpie's election if they are so very
copfdopf2
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

70 the Editor Of the Indianapolis Journal:
Please answer whether any OF the parties inn
plicated in the southern prison and asylum
frauds are honorably discharged soldiers of the
late war. "A CONSTANT hEADER
SPENCER, Feb. "a
Some of them, Howard for instance, are dis
honorablY discharged soldiers.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

IT is good police board Some attention
will now be given to the enforcement Of law.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25
THE INDIANAPOLIS JOURNAL

Can be found at the following places:
LONDON-Amorcan Exchange in Europe, 449
Strand.
PARIS--American Exchange in Paris, 35 Boulevard
des Capucines.
NEW YORK-Gedney House and Windsor Hotels.
CHICAGO-Palmer House.
CINOINNATI-J. P. Hawley s. Co., 15i Vino street.
LoUISvILLE-C. T. bearing northwest corner
Third and Jefferson streets.
ST. LOUIS-Union News Company, Union Depot
and Southern Hotel.
WASHINGTON, D. C-Riggs House and Ebbitt
House.
Telephone Calls.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

To the Editor OF the indianapolis Journal.
When does the new interstate commerce bill
go into effectl ss.s-u
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-25

Telephone Calls.
Business Office 23s Editorial Rooms -o42